Despite the recent ruling that vacated the specific TCPA 1 to 1 rule, the team at SearchForDegrees still adhere to these requirements as best practice. What exactly is this rule, and what happened with recent ruling? Here is some information:

The TCPA (Telephone Consumer Protection Act) 1 to 1 Rule refers to a guideline for businesses engaging in text messaging and telemarketing, ensuring that each consumer receives only one unsolicited message per inquiry or interaction. This rule is commonly associated with compliance best practices to prevent excessive or unwanted messages that could violate TCPA regulations.

While the TCPA itself does not explicitly define a "1 to 1 Rule," it generally requires that businesses:

• Obtain prior express consent before sending marketing messages.
• Limit the number of follow-up messages after a consumer interaction.
• Provide an easy opt-out mechanism for recipients.

Many companies interpret this "1 to 1 Rule" as a best practice, meaning that if a consumer texts or interacts with a business, they should only receive one response unless further engagement occurs. This helps reduce the risk of TCPA violations related to autodialed or pre-recorded marketing messages.

The "One-to-One Consent Rule" under the Telephone Consumer Protection Act (TCPA) was recently vacated by the U.S. Court of Appeals for the Eleventh Circuit. This rule, established by the Federal Communications Commission (FCC) in December 2023, required that consumers provide consent for telemarketing calls or texts on a per-seller basis, meaning consent had to be obtained individually for each seller. Additionally, the rule mandated that the subject matter of the calls or texts be "logically and topically associated with the interaction that prompted the consent."

Before its scheduled effective date of January 27, 2025, the Eleventh Circuit vacated the rule, determining that the FCC had exceeded its statutory authority. The court found that the rule imposed requirements beyond the "prior express consent" standard outlined in the TCPA, effectively redefining the statutory meaning of consent.

As a result of this decision, the previous TCPA consent requirements remain in effect. Businesses must still obtain "prior express written consent" before making telemarketing calls or sending texts using automated systems or prerecorded voices. It's important to note that while the vacated rule would have imposed stricter consent requirements, its removal does not eliminate the need for clear and conspicuous consent from consumers.

Companies engaged in telemarketing or lead generation should continue to adhere to existing TCPA regulations and ensure they have appropriate consent mechanisms in place. Maintaining compliance with the TCPA's consent standards is essential to avoid potential legal challenges and to respect consumer preferences.